1. Defendant National General Assurance Company seeks reimbursement for costs incurred during the course of the presentation of its Motion for Summary Judgment in the Superior Court and for costs incurred during appeal to the Supreme Court of Delaware.[1] This Court entered an order on September 27, 2013 denying Plaintiff's Motion for Partial Summary Judgment and granting Summary Judgment to Defendant. Plaintiff appealed the order and the Supreme Court of Delaware affirmed this Court, finding no merit in Plaintiff's arguments on appeal.[2]

2. Defendant now seeks reimbursement for the following costs: $50.00 for court costs, $690.33 for the deposition transcript of Trooper Cocking, which was attached as an exhibit to Defendant's Motion for Summary Judgment, which was granted by this Court, and $142.15 for costs to obtain copies of Plaintiff's medical records.[3] Plaintiff disputes Defendant's contention that Plaintiff should be responsible for costs.

3. Pursuant to Superior Court Civil Rule 54(d) and 10 Del. C. § 5101, the prevailing party in a civil action may recover costs against the adverse party.[4] This Court finds that Defendant, as the prevailing party, is entitled to a total of $192.15, representing the court costs and the costs incurred in obtaining Plaintiff's medical records. This Court further finds that Defendant is not entitled to the $690.33 requested for the deposition transcript costs, as they were not introduced into evidence at trial.[5]

Therefore, Defendant's Motion is ...

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.